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2015 (10) TMI 1501 - ITAT CHENNAI

2015 (10) TMI 1501 - ITAT CHENNAI - [2015] 43 ITR (Trib) 724 (ITAT [Chen]) - Entitlement to relief under section 10B or alternatively under section 10A - CIT(A) held that assessee was not entitled to claim relief under section 10A only on the technical ground that the claim had been made under section 10B in the return of income for the assessment year under consideration and not under section 10A in respect of its profit derived from its 100% EOU from export of computer software registered with .....

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on record to suggest that unit was approved by the Board appointed by the Central Government under section 14 of Industries (Development and Regulation) Act, 1951, therefore assessee is not eligible for 10B deduction. However, if the assessee is not entitled for deduction under section 10B, the claim made by the assessee under section 10A of the Act should be considered by the lower authorities.

Thus we set aside the orders of lower authorities and remit the matter back to the file o .....

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by the assessee against the order of the Commissioner of Income Tax (Appeals)-I, Coimbatore dated 28.10.2015 for the assessment year 2011-12. The assessee is challenging the order of the Commissioner of Income Tax (Appeals) in denying the claim of the assessee for relief under section 10B or alternatively under section 10A of the Act. 2. The main issue in the appeal of the assessee is that the Commissioner of Income Tax (Appeals) erred in holding that assessee was not entitled to claim relief u .....

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deduction under section 10B of the Act. In the course of assessment proceedings, assessee submitted that assessee was claiming deduction under section 10B in earlier assessment years. During this assessment year, the assessee claimed deduction under section 10A and filed report in Form 56F as required under section 10A of the Act. It was the submission of the assessee that it satisfies all the conditions relating to section10A and therefore entitled to deduction under section 10A of the Act. The .....

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ction 14 of Industries (Development and Regulation) Act, 1951. The assessee preferred appeal before the Commissioner of Income Tax (Appeals). The Commissioner of Income Tax (Appeals) sustained the order of the Assessing Officer in denying claim of the assessee under section 10A / 10B of the Act. The Commissioner of Income Tax (Appeals) was of the view that the assessee claimed deduction under section 10B in the return of income, the Assessing Officer found that assessee is not entitled for exemp .....

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However, during this assessment year assessee filed form No.56F claiming deduction under section 10A but it was wrongly mentioned in the return that claim was made under section 10B of the Act. Authorized Representative for the assessee submits that assessee satisfies all the conditions laid down under section 10A of the Act, therefore assessee is entitled for deduction under section 10A of the Act. Authorized Representative submits that as the assessee wrongly mentioned in the return that it i .....

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also places reliance on the decision of Hyderabad Bench of this Tribunal in the case of VNS Makro Technologies Pvt.Ltd. Vs. DCIT in ITA No.577/Hyd/2012 dated 8.6.2012. 4. Departmental Representative vehemently supports the orders of lower authorities in denying exemption under section 10A / 10B of the Act. 5. Heard both sides. Perused orders of lower authorities and the case laws relied on. The assessee filed Form 56F dated 2.9.2011 from the Accountant, who certified that assessee is claiming de .....

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unit by the Director of Software Technology Park of India which is a 100% export oriented undertaking. It was the submission of assessee that in case deduction under section 10B is not allowable, deduction under section 10A should be allowed. 6. The Hon ble Delhi High Court in the case of CIT Vs. Regency Creations Pvt.Ltd. (353 ITR 326) held that in order to claim exemption under section 10B, an undertaking must have been approved by the Board appointed in this behalf by the Central Government .....

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